Regulation 2010/72 - Procedures for conducting Commission inspections in the field of aviation security - Main contents
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official title
Commission Regulation (EU) No 72/2010 of 26 January 2010 laying down procedures for conducting Commission inspections in the field of aviation security| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2010/72 |
| CELEX number i | 32010R0072 |
| Document | 26-01-2010 |
|---|---|
| Publication in Official Journal | 27-01-2010; Special edition in Croatian: Chapter 07 Volume 025,OJ L 23, 27.1.2010 |
| Effect | 16-02-2010; Entry into force Date pub. + 20 See Art 16 29-04-2010; Application At the latest See Art 16 |
| End of validity | 31-12-9999 |
27.1.2010 |
EN |
Official Journal of the European Union |
L 23/1 |
COMMISSION REGULATION (EU) No 72/2010
of 26 January 2010
laying down procedures for conducting Commission inspections in the field of aviation security
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 300/2008 of 11 March 2008 of the European Parliament and of the Council on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (1), and in particular Article 15 thereof,
Whereas:
(1) |
In order to monitor the application by Member States of Regulation (EC) No 300/2008 the Commission should conduct inspections. The organisation of inspections under the supervision of the Commission is needed to verify the effectiveness of national quality control programmes. |
(2) |
The Commission and Member States should work cooperatively together during the preparation and conduct of Commission inspections. |
(3) |
The Commission should have the possibility of including qualified national auditors made available by Member States in its inspection teams. |
(4) |
Commission inspections and their reporting should be carried out according to a set procedure, including a standard methodology. |
(5) |
Member States should ensure the swift rectification of deficiencies identified during Commission inspections. |
(6) |
The Commission should be able to conduct follow-up inspections to verify the rectification of deficiencies. |
(7) |
There should be a process for dealing with deficiencies deemed so serious as to have a significant impact on the overall level of aviation security in the Community. |
(8) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee instituted by Article 19(2) of Regulation (EC) No 300/2008, |
HAS ADOPTED THIS REGULATION:
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Subject matter
This Regulation lays down procedures for conducting Commission inspections to monitor the application by Member States of Regulation (EC) No 300/2008. Commission inspections shall cover appropriate authorities of Member States and selected airports, operators and entities applying aviation security standards. The inspections shall be conducted in a transparent, effective, harmonised and consistent manner.
Article 2
Definitions
For the purpose of this Regulation the following definitions shall apply:
1. |
‘appropriate authority’ means the national authority designated by a Member State pursuant to Article 9 of Regulation (EC) No 300/2008; |
2. |
‘Commission inspection’ means an examination by Commission inspectors of existing quality controls and civil aviation security measures, procedures and structures to determine levels of compliance with Regulation (EC) No 300/2008; |
3. |
‘Commission inspector’ means an appropriately qualified person employed by the Commission or a person employed by the Member State to conduct compliance monitoring activities at national level on behalf of the appropriate authority and selected to take part in Commission inspections; |
4. |
‘Committee’ means the Committee instituted by Article 19(1) of Regulation (EC) No 300/2008; |
5. |
‘deficiency’ means failure to comply with the requirements laid down in Regulation (EC) No 300/2008; |
6. |
‘national auditor’ means a person employed by the Member State to conduct compliance monitoring activities at national level on behalf of the appropriate authority; |
7. |
‘test’ means a trial of aviation security measures, where intent to commit an act of unlawful... |
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